Tuesday, July 29, 2014

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Anderson attorneys say misconduct allegations 'inappropriate'

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TWC News: Anderson attorneys say misconduct allegations 'inappropriate'
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Since Michael Morton was released from prison in October, now sitting District Judge Ken Anderson has been defending himself against claims he buried key evidence during Morton's 1987 trial.

In court records filed this week, Anderson's attorneys tell the court the Innocence Project’s investigation against the former prosecutor is "wholly inaccurate and inappropriate."

Anderson's attorney Mark Dietz said Morton's attorneys misunderstood 1987 courtroom laws that prosecutors and defense attorneys had to follow at the time.

Morton's attorneys, John Raley and Barry Scheck, with the Innocence Project, have said Anderson broke at least three laws, specifically that he did not follow a judge's order to turn over the primary investigator's entire file to Morton's defense team during the murder trial.

Dietz said he wants all proceedings against Anderson to cease immediately.

"There is no probable cause that the allegations that there was an order that was violated and was supported by the written record," he said.

Morton's attorneys want the presiding judge in this case to sign a probable cause affidavit to move forward with a court of inquiry against Anderson. Their hope is to prove Anderson not only cheated a man out of 24 years of his life, but also cheated the criminal justice system

By phone on Tuesday, Morton's attorneys said they will ask the judge in this case to throw out Anderson's court brief and begin a court of inquiry against Anderson.

Judge Sid Harle in Williamson County has not issued his decision yet.

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